Andrew Ritchie , KC
Described as approachable, dependable, a classy team player, hard on the issues and hard working, Andrew has enormous experience in fatal accident claims, occupational health litigation, especially mesothelioma claims, employers liability litigation generally (for example Corr v IBC, the suicide case, HL) and road traffic and insurance law (for instance Rafiq v MIB, CA).
Andrew writes 9 chapters of the leading Personal Injury text Kemp & Kemp on Quantum including the fatal accidents chapter.
Many of Andrew's reported cases concern catastrophic injury claims involving brain damage, spinal injury and PTSD (he represented many victims of the Paddington rail disaster). Andrew's Clinical Negligence practice covers in particular Hypoxia at birth, Urology, Cardiology and neurosurgery.
Andrew also represents medical professionals before regulatory and disciplinary tribunals and also has considerable experience in professional negligence work arising from personal injury litigation.
Practice Area
Panel
- Contributing Author
4 Contributions by Andrew Ritchie
PRACTICE NOTES
Access to and disclosure of medical records in clinical negligence claims: UK GDPR, Pre-Action Protocol, CPR, privilege and sanctions (England and Wales)
The right to obtain disclosure
Disclosure refers to the stage in which each party makes available documents within their control that are relevant to the matters in dispute. Its central aim is to advance the overriding objective by putting litigants on an equal footing. The notion of ‘documents’ is not confined to paper files; it covers any means of recording information, including electronic databases, microfilm used for archiving, and video or audio tapes and discs. In clinical negligence claims, the claimant’s medical records are usually the most significant documents. They represent the most contemporaneous account of the care provided and will, in almost every case, underpin the expert evidence that shapes the result of the litigation. Prompt, impartial examination of the medical records can avoid unnecessary delay and cost, and is essential from the outset to evaluate the merits, identify strengths, and pinpoint any weaknesses in any proposed claim...
PI & Clinical Negligence
PRACTICE NOTES
Clinical negligence: duties owed by clinicians and others, scope of duty, and breach—Bolam/Bolitho, Montgomery, Khan v Meadows; non-delegable duties, non-patients and secondary victims
The duty of care
Healthcare practitioners owe their patients a duty of care. That obligation, arising in the course of their care, requires the exercise of reasonable care to:
obtain a full and adequate medical history
thoroughly explore the patient’s symptoms and concerns
formulate appropriate and reasonable differential diagnoses
arrange referrals to relevant specialists where required
take action to pursue all reasonable measures to safeguard the patient’s health
deliver a reasonable and proportionate course of treatment
follow up with the patient afterwards where that is reasonably necessary
For guidance on identifying the proper defendant in a clinical negligence claim, see Practice Note: Identifying the correct defendant in clinical negligence claims. The duty is not confined to medical practitioners alone; it may extend further.
Non-clinical staff
Employees within a healthcare organisation or facility may owe a direct duty to patients. In Darnley v Croydon Health Services NHS Trust, the claimant attended A&E with a head injury and was told by the receptionist that the wait would be four to five hours; he should instead have been informed that he would be seen by a triage nurse within 30 minutes...
PI & Clinical Negligence
PRACTICE NOTES
Glossary of common abbreviations and symbols in medical records for legal practitioners
Within this Practice Note is a catalogue of commonly used medical short forms and symbols present in clinical notes...
PI & Clinical Negligence
PRACTICE NOTES
NHS Complaints in England: Procedure, Legislation, Duty of Candour, Local Resolution, Ombudsman Review, Mediation, Private Patient Issues and CQC Functions — A Practical Guide for Solicitors
This Practice Note addresses the NHS complaints process, the governing legislation, local resolution and Ombudsman-led independent review, matters relating to private patients, and the Care Quality Commission.
The NHS complaints procedure
Often, what patients want most is a clear explanation of any failings, a sincere apology, and a commitment that similar errors will not recur, which can outweigh a desire for compensation.
Grievances may involve misdiagnosis, poor communication by clinicians, delays, inaccurate or misleading advice, and numerous other examples of substandard care or absence of treatment.
The NHS complaints route should be the initial step. Without good reason, failure to use it first may result in Legal Aid or Before the Event (BTE) funding being refused.
The scheme applies to concerns about services delivered by, or paid for by, NHS organisations or primary care practitioners—namely hospitals, GPs, dentists, opticians and pharmacists.
There are two stages to the process:
local resolution
independent review
If financial compensation is required, a patient should seek advice from a reputable clinical negligence solicitor, as financial redress is not generally available through the complaints route...
PI & Clinical Negligence
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